Reynolds v. Canal & Banking Co.
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court. Hon. John A. Williams, Special Judge of Circuit Court. Administrator can only be charged, above the statements of his account, by matter alleged and proved. 2 Brad. Sur. Reps., 165; 1 ib., 265; Williams on Ex’rs., 1874. Party cannot have more than is claimed in pleading. 5 Ark., 513; 8 Ark., 456. Error in the charge of $6,000. Due care taken of the cabins, and the administrator not responsible. Fudge v. Burn, 51 Mo.
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APPEAL from Chicot Circuit Court. Hon. John A. Williams, Special Judge of Circuit Court. Administrator can only be charged, above the statements of his account, by matter alleged and proved. 2 Brad. Sur. Reps., 165; 1 ib., 265; Williams on Ex’rs., 1874. Party cannot have more than is claimed in pleading. 5 Ark., 513; 8 Ark., 456. Error in the charge of $6,000. Due care taken of the cabins, and the administrator not responsible. Fudge v. Burn, 51 Mo. Rep., 264; Williams on Ex’rs., 1529-30, and cases cited in the note thereto. The attorney’s fee of $450 should have been allowed as a matter of…
1Opinion of the Court
Harrison, J.:
The New Orleans Canal and Banking Company, a creditor of the estate of Francis Griffin, deceased, filed in the Circuit Court ■of Chicot c >unty, having then jurisdiction in matters of administration, exceptions to the account current of Edward P. Johnson as administrator of said estate.
Upon the hearing certain of the exceptions were allowed, and the court ordered the account to be restated and corrected in accordance therewith.
Johnson having died during the pendency of the exceptions, Daniel H. Reynolds, his administrator, excepted to the decision of the court in sustaining the…
2Cited by11 opinions
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- Moore v. TillmanSupreme Court of Arkansas · 1926
- Carpenter v. HazelSupreme Court of Arkansas · 1917
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- First Federal Savings of Arkansas, F.A. v. City National Bank of Fort SmithDistrict Court, W.D. Arkansas · 1988
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